* * * NOT FOR PUBLICATION * * *
NO. 25093
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
EMERSON M.F. JOU, M.D., Plaintiff-Appellant,
vs.
FIRST
INSURANCE COMPANY OF HAWAII, LTD.,
Defendant-Appellee,
and
JOHN
DOE 1 to 10, DOE CORPORATION 1 to 10,
DOE PARTNERSHIP 1 to 10, and DOE ENTITY 1 to 10,
Defendants.
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 00-1-2490)
SUMMARY DISPOSITION ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy JJ.)
Upon carefully reviewing the record and briefs submitted, we hold as follows: (1) the circuit court did not err by concluding that it did not have jurisdiction to consider whether First Insurance correctly calculated the compensation due Dr. Jou for medical care he provided pursuant to Hawaii's workers' compensation law, Hawai`i Revised Statutes (HRS) chapter 386. The director of the Department of Labor and Industrial Relations (Director) determines the charges and adopts the fee schedules governing compensation for medical care rendered employees incurring a work injury. HRS § 386-21(c) (Supp. 2003). The Director also has original jurisdiction over all disputes arising under HRS chapter 386. HRS § 386-73 (1993) ("[T]he director of labor and industrial relations shall have original jurisdiction over all controversies and disputes arising under [chapter 386.]"); (2) this court will not consider Dr. Jou's arguments regarding "other damages" because he has not presented a reason for his argument or any authority supporting his argument. Hawai`i Rules of Appellate Procedure (HRAP) Rule 28(b)(7); (3) the circuit court did not err by instructing the jury that Dr. Jou had a duty to mitigate damages because this instruction is a proper statement of Hawai`i law. Tabieros v. Clark Equipment Co., 85 Hawai`i 336, 373, 944 P.2d 1279, 1316 (1997); (4) this court will not consider Dr. Jou's argument that the circuit court erred by denying Dr. Jou's request to strike the discovery master's sanction order because Dr. Jou failed to comply with HRAP Rule 28(b)(4); and (5) the circuit court did not abuse its discretion by denying Dr. Jou's request for costs because he was not the prevailing party. Therefore,
IT IS HEREBY ORDERED that the circuit court's final judgment filed June 13, 2002 is affirmed.
DATED: Honolulu, Hawai`i, November 12, 2004.
On the briefs: Stephen M. Shaw
for plaintiff-appellant
Emerson M.F. Jou, M.D.
Dennis E.W.
O'Connor,
Kelvin H. Kaneshiro,
and Jeffrey K. Hester
(of Reinwald, O'Connor
& Playdon LLP) for
defendant-appellee
First Insurance Company
of Hawaii, Ltd.
1.
The
Honorable Sabrina S. McKenna presided over this proceeding.